A witness to the Los Altos Skate Park shooting says the 17-year-old shot and killed that night fired first and someone killed him in self-defense.

Robert Burton says he knows what happened that night. Police picked him up on a warrant about a month after the incident, and he told them he had information about the shooting.

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Burton told them the victim, Jaquise Lewis, was his first cousin, and that he was the first to open fire.

“Jaquise fired a shot,” Burton said. “He and the white boy drew down (on each other).”

Burton claims it began with a fight over a skateboard before escalating into gunfire. He told an officer he didn't know who shot Jaquise, but Albuquerque police do.

That person isn’t being charged because they believe it was self-defense.

Lewis’ mom, Munah Green, insists her son didn't have a gun. She says Burton is not Lewis’ cousin and that his claims are false.

Something that also concerns Lewis’ family is Albuquerque police have not handed over the full case file of the shooting to the Bernalillo County district attorney, who could ultimately decide to file charges.